Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-04-02

| Quence OF any Sucn fl0latlon oil the pro-
visions of this act, together with a reason
able counsel or attorneys fee, to be fixed
| by the court in every case of recovery,
| which attorneys fee shall be taxed and
collected as part of the costs in the case.
| Complaint to Commissioners or Action
in Court-Testimony Compulsory.
Sec. g. That any person or persons
claiming to be damaged by any common
carrier subject TO the provisions of this
| act may either make complaint to the
commission, as hereinafter provided for,
or may bring suit in his or their own be-
| half for the recovery of the damages for
which such common carrier may be liable
under the provisions of this act in any dis
trict or circuit court of the United States
of competent jurisdiction; but such person
| or persons shall not have the right to pur-
| sue both of such remedies, and must in
each case elect which one Of the two
methods of procedure herein provided for
he or they will adopt. In any such action
brought for the recovery of damages
the court before which the same shall be
pending may compel any director, officer,
receiver, trustee or agent of the corpora
ton or company defendant in such suit to
attend, appear and testify in such case,
! and may compel the production of the
books and papers of such corporation or
company party to suit; the claim that any
such testimony or evidence may tend to
criminate the person giving such evidence
shall not excuse such witness from testi
flying, but such evidence or testimony
shall not be used against such person on
| the trial of any criminal proceeding.
NH.
Sec. 10. That any common carrier sub
ject to the provisions of this act. or, when
ever such common carrier is a corporation,
any director or officer thereof, or any re
ceiver, trustee, lessee, agent, or person
acting for or employed by such corpora
ton, who, alone or with any other corpora
ton, company person or party, shall
willfu]ly do or cause to be done, or shall
willingly suffer or permit to be DONE any
act, matter or thing in this act prohibited
or declared to be unlawful, or who shall
aid or abet therein, or shall willfuliy omit
or fail to do any act, matter or thing in
this act required to be done, or shall cause
or willingly suffer or permit any act, mat
ter or thing so directed or required by this
act to be done not to be so done, or shall
aid or abet any such omission or failure,
or shall be guilty of any infraction of this
act, or shall aid or abet therein, shall be
deemed guilty of g misdemeanor, and
shall, upon conviction thereof in any dis
trict court of the United States within the
jurisdiction of which such offense was
committed, be subject to fine of not TO
exceed five thousand dollars for each
Offense.
Interstate Commerce Commission-How
Constituted.
Sec. II. That a commission is hereby
created and established TO be known as
the Interstate Commerce commission,
which shall be composed of five commits
sioners, who shall he appointed by the
president, by and with the advice and
consent of the senate. The commissioners
first appointed under this act shall con
tinue in sffiCe for the term of two, three,
four, five and six years, respectively, from
the first day of January, ammo domini
eighteen hundred aud eighty seven, the
term of each to be designated by the
president; but their SUCCESSORS shall be
appointed for terms Of six years. except
that any persons chosen TO fill a vacancy
shall be appointed only for the unexpired
term 81 the commissioner whom he shall
succeed Any commissioner may be re
moved by the president for inefficiency,
neglect of duty, or malfeasance in office.
Not more than three NJ the commissioners
shall he appointed from the same political
party No person in the employ Of OF
holding any official relation TO any COM
mon carrier subject to the provisions Of
this act, or owning stock or bonds there
of, or who is in any manner peculiarly
! interested therein, shall enter upon the
duties of or hold such office. Said com
mSsioners-shall not engage in any other
business, vocation or employment Nc
vacancy in the commission shall impair
the right of the remaining commissioners
TO exercise all the powers of the com
mission
Powers of the Commission.
Sec. II That the commission hereby
created shall have authority to inquire
into the management of the business OF
all common carriers subject to the pro
visions of this act, and shall keep itself
informed as to the manner and method il
which the same is conducted and shall
have the RICH: to obtain from such com
mon carriers full and complete informa
ton necessary to enable the commission
to perform the duties and carry out thu
objects for which it was created: and fol
the purposes of this act the commission
shall have power to require the attendance
and testimony of witnesses and the pro
duction of all hooks, papers, tariffs, con
, tracts, agreements and documents relat
ing TO any matter under investigation, ant
To that end may invoke the aid of any
, court of the United States in requiring tn,
attendance and testimony of witnesses an(
. the production of books. papers and docu
mentS under the provisions of this section
! Refusal to Testify Before Commission
And any of the circuit courts of tn,
United States within the jurisdiction o
which such inquiry is carried on may, il
case of eontulnacy or refusal to obey
subpoena Issued to any common carrie
subject to the provisions of this act, o
other person, issue an order requirin!
such common carrier or other person I,
: appear before said commission and pro
f duce books and papers if SO ordered an,
! give evidence touching the matter in ques
ton; and any failure to obey such orde
If the court may be punished by sucl
> court Us contempt thereof The CLAIM
that any such testimony or evidence ma!
tend to criminate the person giving Sucl
= evidence shall not excuse such witnes
from testifying: but such evidence or ties
timony shall not be used against such per
son on the trial of any criminal proceed
ing.
, Complaints to Commission-Reparat
by Common Carrier.
, Sec. -. That any person. firm, corpora
j ton or association, or any mercantile
agricultural or manufacturing society. O
+ any body polite or municipal organiza
: ton complaining Of anything done o
! omitted to be done by any common carrie
subject to the provisions of this act il
eontravention of the provisions thereof
may apply to said commission by petition
which shall briefly state the facts; where
, upon a statement of the charges thu
made shall be forwarded by the commits
sion 10 such common carrier, who shal
be called upon to satisfy the complaint o
to answer the same in writing within
reasonable time, to be specified by tn
commission II such common carrier
within the time specified, shall make repa
, | ration for the injury alleged to have hcel